1.2. Observations regarding complaints procedures As a general rule, prisoners are informed about possible complaints procedures. This is normally done in a formal matter by referring to rules that would be available upon request or displayed in certain areas of the prisons. Upon arrival, prisoners are informed about the house rules which usually include information about complaint procedures. The general feedback from prisoners was that they were, by and large, aware of the existence of complaint procedures; however, they considered them to be ineffective, non-transparent and unfair. As a result, complaint procedures are not often used. In several prisons, the majority of interviewed prisoners stated that they were not aware of how these procedures functioned, and moreover, what rights they were generally entitled to. In addition, BiH Ombudsman institution is, to date, seen as generally ineffective, and many prisoners were not even aware of their existence. Therefore, there is a tendency to directly address outside actors, like journalists or international organizations, whenever possible rather than use the formal complaint procedures available. In practice, as in other areas, the use of complaint procedures differs and depends on the initiative and creativity of the respective prison management. For example, the prison in Mostar introduced several complaint boxes to which only the prison director has access to, and which is emptied on a daily basis. Other prisons also use similar systems; however, prisoners must be sure that complaints are not intercepted by prison staff. Some systems are rendered ineffective as prisoners are convinced that their complaints would either not reach the prison director, not have any effect, or would result in repressive action. As another innovative solution, prisons such as Bijeljina and Banja Luka introduced prisoner councils where representatives chosen by the prisoners meet on a regular basis with prison staff to discuss any issues that might arise within the prison context. These councils have been positively received by prisoners and they are seen as an effective channel of communication for complaints and suggestions. 2. Disciplinary proceedings 2.1. International and BiH standards The UN Standard Minimum Rules for the Treatment of Prisoners states that, “No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case.”41 The European Prison Rules also require prison authorities to abide by basic fair trial standards when charging a prisoner with a disciplinary offence, such as notice of charge, adequate time and facilities to prepare a defence, access to legal aid in defending oneself, and the right to call and examine witnesses. 42 Moreover, for some charges serious enough to be considered criminal, all the fair trial protections in Article 6 of the European Convention on Human Rights may apply.43 41 Article 29(2) of the UN Minimum Standards. European Prison Rules, Article 59. 43 Ezeh and Connors v the United Kingdom [2003] ECHR 485 (9 October 2003) states, in para. 58, that in regards for Article 6 to apply to disciplinary proceedings, “it suffices that the offence in question is by its nature to be regarded as ‘criminal’ from the point of view of the Convention, of that the person concerned is liable to a 42 15